§ 3625. Contracts

Current through L.2005, chapter 766.

Historical Notes References Annotations

1. Form of transportation contracts. Every contract for transportation
of school children shall be in writing, and before such contract is filed
with the department as required by subdivision two of this section, the
same shall be submitted for approval to the superintendent of schools of
said district and such contract shall not be approved and filed by such
superintendent unless he or she shall first investigate the same with particular
reference to the type of conveyance, the character and ability of the driver,
the routes over which the conveyances shall travel, the time schedule, and
such other matters as in the judgement of the superintendent are necessary
for the comfort and protection of the children while being transported to
and from school. Every such contract for transportation of children shall
contain an agreement upon the part of the contractor that the vehicle shall
come to a full stop before crossing the track or tracks of any railroad
and before crossing any state highway.

2. Filing of transportation contracts. Every transportation contract shall
be filed with the department within one hundred twenty days of the commencement
of service under such contract. No transportation expense shall be allowed
for a period greater than one hundred twenty days prior to the filing of
any contract for the transportation of pupils with the education department.
No contract shall be considered filed unless it bears an original signature
of the superintendent of a school district or the designee of the superintendent
and the sole trustee or president of the board of education of the school
district. The final approval of any such contract by the commissioner shall
not, however, obligate the state to allow transportation expense in an amount
greater than the amount that would be allowed under the provisions of this
part. The state, acting through the department of audit and control, may
examine any and all accounts of the contractor in connection with a contract
for the transportation of pupils, and every such contract shall contain
the following provision: "The contractor hereby consents to an audit
of any and all financial records relating to this contract by the department
of audit and control."

3. Allowable expense for transportation contracts. The allowable transportation
expense for any school district contracting for the use of a bus or buses
for the transportation of any or all the pupils attending school in such
school district, other than a contract with a public service facility for
such transportation operated on routes under franchise or operated by a
municipality or public authority, shall be determined in the same manner
as though such bus or buses were district owned, except that the amount
computed for such bus or buses used in the computation of the transportation
expense may not exceed the amount of the contract or contracts for such
bus or buses.

4. No transportation aid or other public moneys shall be apportioned and
paid as provided in this chapter to any district furnishing transportation
for pupils until the contract for transportation shall also have been approved
by the commissioner. In defraying any expense incurred in providing transportation
of any pupils or children under any provision of this chapter, public moneys
apportioned to the district in which such pupils or children reside may
be used therefor.